Crash Jurors Divided

Lawyers Urged To Make A Deal

NORFOLK — A U.S. District Court jury was unable to decide Thursday whether an engine malfunction or a hot-dogging Navy pilot caused the 1986 crash of an A-6E Intruder jet at Oceana Naval Air Station.

The lack of a verdict raised the specter of a possible mistrial in the $4-million lawsuit brought by the pilot's widow against jet maker Grumman Corp. Judge J. Calvitt Clarke Jr. urged attorneys to try to reach a settlement before the jury reconvenes this morning.

At one point during the jury's eight hours of deliberation Thursday, the panel of four men and two women revealed in a question to Clarke that they were split 5 to 1 and apparently held little hope to end the impasse.

In a written question to Clarke, they asked: "We have five out of six jurors who agree. Is it customary or acceptable for the one juror to go along with the majority without changing his views?"

There was no indication which side the majority of jurors favored.

After advising the jurors their decision must be unanimous, Clarke sent them back to a jury room to resume their discussions. But later, after the jurors asked to go home at close to 6 p.m. without reaching a vedict, Clarke urged the attorneys to try to come to terms and avoid the expense of a new trial.

If the jurors are unable to reach a unanimous decision today, Clarke said, he will advise them they could declare their inability to reach a verdict, causing a mistrial. That would mean the lawsuit would have to be tried again be fore a new jury.

"It may be wise for you to have some discussions tonight," Clarke told the attorneys.

The pilot's widow, Elizabeth Hoban, is seeking a $4-million judgment against Grumman, contending that a leak in the fuel system of the newly delivered jet caused a fire that sent the jet plummeting to the ground.

Grumman, backed by the Navy's own investigative report, contends that the pilot, Lt. James P. Hoban caused the fatal crash by attempting a risky, hard-right banking turn at low altitude that caused the attack jet to lose lift.

The manuever violated Navy flight procedures and left the 26-year-old pilot no margin for error, lawyers said.

The crash killed Hoban, his navigator, Lt. Michael F. Wilson, and a 25-year-old woman whose car was hit by the wreckage as it traveled along Oceana Boulevard.